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Home My WebLink AboutMINUTES - 04252006 - C.20 TO: BOARD OF SUPERVISORS �� jE -�" Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: April 25, 2006 `o sra �oUx County SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 02-08688, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ VVO for Subdivision 02-08688,accepting completion of landscape improvements for Subdivision Agreement (Right of Way Landscaping) for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area. (District IIn FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp., has completed the landscape improvements per the Subdivision Agreement(Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment:_ SIGNATURE: �'w� , RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER r SIGNATURES : ACTION OF BO rN Y G APPROVED AS RECOMMENDED OTHER VOT FF SUPERVISORS Y UNANIMOUS(ABSENT 0T/fi I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LL:rm G:\GrpData\EngSvc\BO\2006\04-25\SD 02-08688 BO-45 DV.doc date shown. Originator: Public Works(ES) Contact:Teri Rie(313-2363) I.D.95-2578030 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab ATTESTED: &X/Y -1.Bergeron,Mapping Div. JOHN CULLEN, Clerk of the Board of -T.Rie,Engineering Svc. _T.-2/25/07 Supervisors and County Administrator Sheriff-Patrol Div,Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Rano 2222 Camino Ramon San Ramon,CA 94583 By Ag" ,Deputy Shapell Industries,Attn:J.Gold,S.Worden,S.Savage 100 N.Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste 500,Phoenix,AZ 85016 - Ilii lil III I III II II IIII III 1 IIIII I III I Iili I it III Ili CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0130277-00 - Board ofSupervisors Wednesday, APR 26, 2006 14:47:40 Return to: FRE $0.00 Public Works Department - Tt l Pd $0.00 Nbr 0003215824 Engineering Services Division 1rc/R9/1-e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006, by the following vote: AYES: Uilkema,Piepho, DeSaid ier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - - — - - RESOLUTION NO. 2006/ X/0 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 02-08688, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Monarch Road. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for Subdivision 02-08688, have been completed as provided in the Subdivision Agreement(Right of Way Landscaping)with Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp.,heretofore approved by this Board; LL:rm G:\GrpData\EngSvc\BO\2006\04-25\SD 02-08688 B0-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -Construction Div. -P.Tehaney,M&T Lab n -1.Bergeron,Mapping Div. ATTESTED: Xl� -T.Rie,Engineering sve. k JOHN CULLS , Clerk of the Board of Supervisors and -T.-2/Zs/o7 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By ,Deputy Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:J.Gold,S.Worden,S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Ste 500 Phoenix,AZ 85016 RESOLUTION NO.2006/ O� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping ) for Subdivision 02-08688, San Ramon (Dougherty Valley) area. (District III) DATE: April 25, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of Apri125,20 06 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement(Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY July 13, 2004 I National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $62,422.00, Bond No. 929270258 issued by the above surety be RETAINED for the six month lien guarantee period until October 25,2006,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any clams on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Subdivision 02-08688 Monarch Road are ACCEPTED AS COMPLETE.Upon completion ofthe warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,200.00 cash deposit(Auditor's Deposit Permit No.409204,dated July 24,2003)made by Shapell Industries of Northern California,a Division of Shapell Industries, Inc., and the performance/maintenance surety bond rider for $18,546.60, Bond No. 929270258 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/c-,�120 MASURETY R®®Y Tract 8688, NBHD 2B, Gallery INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 270 258 issued by the I National Fire Insurance.Company of Hartford as Surety, on behalf of Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,a Delaware Corp. of Milpitas, CA I , hereinafter referred to as the Principal, and in favor of Coun of Contra Costa of Martinez,CA I hereinafter referred to as the Obligee, effective thei 10th day of July 2005 . IN CONSIDERATION of the premium Charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the T6th day of February 2006 and subject to all the terms, conditions antl limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED"* I _ from the sum of I One Hundred TwentyThree Thousand Six Hundred Forty Four and No/100" Dollars($ 123,644.00'* ), to the sum of Eighteen Thousand Five HundredlForty Six and 601100" Dollars ($18,546.60" ), IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability Iof the Surety for any loss occurring prior to said date shall not exceed the sum of One Hundred Twenty Three Thousand Six Hundred Forty Four and Noll 00— Dollars ($ 123 644.00"* }, or for any loss occurring subsequent tIIl said date shall not exceed the sum of Eighteen Thousand Five Hundred Forty Six land 601100" Dollars ($.1$,546.60"* ). In no event, however, shall the aggr(gate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 7th day of March.2006. Accepted BN: Shapell Industries of Northern California, County o\Ctra CosfaCounty oCostA Division of Shapell Industries, Inc., a Delaware Corp. ��. (Pr ci all BY ^'�^ I -- By f eal) V. - S� By (Seal) Ye • C. , E , Natio al ire Insurance Company of Hartford _ (S ety) Form F4763 /•' BY Z/Q= & ^ —(Seal) Pamela L.Stocks, Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That ContinentalJCasualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed purl Int to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused ethese presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of February,2006. GAS uq�r Lesua4,y AW VA Continental Casualty Company National Fire Insurance Company of Hartford 2fY CORPORATEyy so9►w+arEo American Casualty Company of Reading,Pennsylvania MLY 11. J SEAL Y 4 I M2 1891 IA0%r h . Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 14th day of February,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. -OFFICIAL SEAL• MARIA K MEDIWII � My Cammiasiai FspifM 7116/OB •...H HN.NN.H...H My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force ,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 7th day of March I 2006 GAS I Continental Casualty Company (r �P0 1NSUR4* 0Q 0,0 National Fire Insurance Company of Hartford F caRPORATE ° 3Q t ; , aaea+arra American Casualty Company of Reading,Pennsylvania Z y Y �_.A s g J JULY n. Ou SEAL 2 � NAIItF�`' Mary A. qikafjkis Assistant Secretary Form F6953-11/2001 l State of California County of Los Angeles J On March 7, 2006 before me. Sandy Harmer- Notary Public Oate NAME. TITLE OF OFFICER„ 'JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME($) OF SIGNER($) (X) personally known to me — OR — (T) proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/a6 subscribed to the within instrument and acknowledged to me that to/she/tft executed the same in(*ft/her/their authorized capacity0fts), and that by Wie"lher/owu signature(s) on the instrument the person(!§), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDYHANNER WITNESS y hand and official seal. OlAyCommission#1362157 Notary Public-California Los Angeles County SIGNA RE OF NOTARY Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not regi ired by law, it may prove valuable to persons relying on the document and could prevent fraudulent rea iachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) (_) LIMITED (�) GENERAL NUMBER OF PAGES ( x ).ATTORNEY-IN-FACT (_) TRUSTEE(S) (`) GUARDIAN/CONSERVATOR (,) OTHER I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire Ia ns Iranne Comoany of Hartford SIGNER(S) OTHER THAN NAMED A80VE Q-107426-6 J�V/�"h.MM�W`Wv1NW/IN'✓..'.'\`V:'vVW`�V\n/`MM/`/` V.'/`-W.^J/.v�M//WW.^IV � �V.' lN'./�M^.^H.•`✓!V:.WMMM✓�NV'i \�VVNV..'VyNVV\n!/WV.MM/V�i W�MiN.NVVN�M NV./`/IW:r M/✓V\N/`NW\/\^.IWV\ .' WVMNWV�lW:MM:/Y�/�r'VWVNW/,'l� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California z County of Santa Clara On March 8, 2006, before me, Janice T.Kruse, Notary Public personally appeared ; Robert D. Moore and Ken Cox known to me to be the persons whose name are ? subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or � the entity upon behalf of which the persons acted, executed the instrument. z z s JANCE T.fcat>sE WITNESS myhand and official seal. $ { _10MY Commlaslon#F 1897428 Notary Public-CaliforniaSanta Clara County Comm. Aug 24. � - Signature of Notary Public � s > Optional In oormation � S Title or Type of Document: Decrease Rider- Tract 8688 Neighborhood 2B, GalIery z` �# 929270258 } Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shanell Industries,Inc. z� ij SS) Z1 41 ?l CC >j I '%�^J.✓:v ;iV./fir%.1:;�%i i%i%�N.i:�hM%`✓`f:%i%!v Y./.!✓ -l.n J`✓Y/N�f� .%`%.%MiV.'i\'ivy✓�'�/V:J�✓�i�/NNv✓`i J'!!Y�✓�/Nl./V',^/'✓ J'/�,'.✓/v`JJ